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Original poster

Discrimination at work?

13 replies

HawkEyeTheNoo · 29/08/2015 15:23

Hoping someone might be able to help here.
My DF has worked for the same company for about 20 years and is 66 years of age. He is in a managerial position and recently has gone part time, he's worked since he was 13 so he deserves to be taking it easy. The company is in the east and NE of Scotland and probably has about 500 employees.
Last week the work force received a letter introducing them to the new death in service benefit, except my father was told he wasn't eligible for this, on enquiring he was told it was because he was past retirement age, he told them that there was no upper retirement age. He has since found out that a 70yo employee was given this benefit so therefore it can't be age affecting this, he thinks it's because he is part time but my thought would then be that he would have to be included in the benefit but with a reduced payout should anything happen to him. Now, because he never does anything for himself in anywayAngry, he has asked me to compose a letter to HR for him to hand in next week, I've been on the net and can't really see anything in discrimination law that would fit this particularly well and wonder if anyone could point me in the right direction. I have a feeling I'll have to phone CAB on Monday for him to see if they can help, but I'll still have to compose this letter . Any help gratefully received Grin

OP posts:
Original poster
HawkEyeTheNoo · 29/08/2015 16:15

Anybody?

OP posts:
RandomMess · 29/08/2015 16:20

No idea but surely part time staff have to be given the same benefits as everyone else unless they have signed a contract that waives them...

wafflyversatile · 29/08/2015 16:32

This suggests that they may be able to do this.

www.gov.uk/part-time-worker-rights

However they haven't said it's a cost issue. They have said it is an age issue which we know is not true.

I'd get him to email and casually get them to confirm that their reason is age. Don't mention the 70 year old.

Also maybe phone ACAS.

bloodyteenagers · 29/08/2015 16:45

Not allowed to discriminate against age
www.gov.uk/retirement-age

FanSpamTastic · 29/08/2015 16:55

Normally death in service is a multiple of your earnings - so if you die your family get a payout of 3x or whatever of your salary. So there should be no need to discriminate against a part time employee - as the payment will be based on the salary you actually earn. I have always had death in service even when part time.

Employers can choose not to offer benefits that are not possible to pro rata - e.g. You can't give someone half a car but you can give them half a car allowance. Or they can ask the employee to contribute to the cost if they are not full time.

cdtaylornats · 29/08/2015 21:59

The Law allows this as it is an insurance based benefit and after a certain age it might be uneconomic to provide this benefit.

wafflyversatile · 29/08/2015 22:03

Except that they are paying for it for someone else who is older.

Original poster
HawkEyeTheNoo · 30/08/2015 08:16

Thanks guys, wafflyversitile that's a good start for me to right the letter as the haven't justified it in any way. So a wee starting point for me

OP posts:
Original poster
HawkEyeTheNoo · 30/08/2015 20:59

*write even!!

OP posts:
Stripeysocksarecool · 30/08/2015 23:00

This doesn't sound right at all. There are some death in service policies which don't cover employees over a certain age, but you've said they are already covering someone older than your dad so it can't be that.

Tell your dad to complain! And they certainly can't discriminate against him on the grounds of his age or because he is part time.

Original poster
HawkEyeTheNoo · 01/09/2015 10:09

Thanks stripey, I'm just away to start the letter now

OP posts:
tribpot · 01/09/2015 10:15

Does he have anything in writing from them confirming his ineligibility for the benefit and the reason why? If not, that's the first thing he needs to establish, at the moment all you have is hearsay I think.

So he needs to write to his manager or HR asking him/her to confirm that what he has been told (by [named person]) is correct, that he is not eligible for death in service benefit and that this is due to his age. Query whether it is due to his age being 'above retirement age' with reference to the fact that there isn't one. At this stage don't mention the other person as they may then come back and say no it's because you're part-time. In which case he needs to establish if any other part-timers are being paid the benefit.

Start by getting them to put something in writing.

Original poster
HawkEyeTheNoo · 01/09/2015 11:11

Thanks tribpot, I haven't started the letter yet as there was a PUPPY on this morning!! (I need to get back to work!) Grin I'll post what I'm putting in the letter and maybe someone can tell me if they think it's ok

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